Clustered on upper Kirby, the relatively new Roak nightclub, Hendricks Pub and OTC patio bar are often packed.

The strong business must please their owners, but many of the neighboring residents are less than thrilled. Fifty-one of them and their homeowners association have filed suit against the establishments.

Roak, Hendricks and OTC sit on a stretch of Kirby, between Richmond and Alabama, that is part of the upscale David Crockett subdivision. Some of the residents there say the businesses are creating noise, parking, trash and other problems.

The David Crockett Addition's deed restrictions prohibit the sale of alcohol and activities that are a "nuisance" to the neighborhood.

But the business owners point out that places like the nearby Café Express and the Owl bar are also part of the subdivision and serve alcohol but are not being sued.

The owners are countersuing, claiming racial discrimination.

The case is scheduled for trial next week.

A few years ago, Thor Equities acquired the Kirby block that held the former Settegast-Kopf funeral home, a Chase Bank drive-through, and the building that houses a Café Express and other businesses.

The three businesses have brought an increase in traffic congestion, noise pollution, intoxicated patrons roaming the neighborhood at late hours and more litter, he said.

Dow acknowledged that Café Express and the nearby Owl club also serve alcohol, but he said it's a matter of degree, and those two establishments don't cause problems.

Paul Pilibosian, the attorney for Roak, Hendricks and OTC, said the bars do not disrupt the peace.

"Go out there between 10 p.m. and 2 a.m.," he said. "The only thing you'll hear are birds chirping and the sound of Highway 59." He also denied there are problems with patrons parking on the residential streets.

The three establishments together hire six off-duty Houston police officers to maintain security and patrol the area each night, Pilibosian said.

His clients are counter-suing, claiming racial discrimination. Three are of Persian descent, and one is of Asian descent, he said.

Also, Pilibosian said, "Our lease expires in a year and a half, and we don't have an option to renew." He did say that his clients want to stay longer and it is possible they could.

Representatives of Thor Equities could not be reached for comment.

David Crockett, a relatively small subdivision, has as its main streets, Ferndale, Virginia and Lake. The subdivision's other commercial block on Kirby contains Bed Bath & Beyond, House of Pies and a Chase drive-through.

Mavis Kelsey, a 20-year resident of the subdivision, is among those fighting the three businesses. He said patrons park in the neighborhood and drop bottles and cans, and he said some "unmentionables" have taken place.

"Before they came along, none of that happened," he said. "There was peace and quiet."

His subdivision's lawsuit, he maintained, is about residents in Houston neighborhoods "standing up for our rights." Deed restrictions are particularly important in a city with no zoning, he said. "Either they have meaning or they don't."